The QLD Strata Magazine | August

The QLD

STRATA MAGAZINE AUGUST 2024

Transparency when voting for committee positions Page 4 | Tower Body Corporate

The impact of rectification works on your strata insurance premium Page 12 | Strata Insurance Solutions

How can one owner turn a decision around?

Page 26 | Bugden Allen Graham Lawyers

About Us LookUpStrata is Australia’s Top Property Blog Dedicated to Strata Living. The site has been providing reliable strata information to lot owners, strata managers and other strata professionals since 2013.

As well as publishing legislative articles to keep their audience up to date with changes to strata, this family owned business is known for their national Q&A service that provides useful responses to lot owners and members of the strata industry. They have created a national network of leading strata specialists across Australia who assist with 100s of the LookUpStrata audiences’ queries every month.

Strata information is distributed freely to their dedicated audience of readers via regular Webinars, Magazines and Newsletters. The LookUpStrata audience also has free access to The LookUpStrata Directory, showcasing 100s of strata service professionals from across Australia. To take a look at the LookUpStrata Directory, flip to the end of this magazine.

Meet the team

Nikki began building LookUpStrata back in 2012 and officially launched the company early 2013.

With a background in Information Management, LookUpStrata has helped Nikki realise her mission of providing detailed, practical, and easy to understand strata information to all Australians.

Nikki shares her time between three companies, including Tower Body Corporate, a body corporate company in SEQ. Nikki is also known for presenting regular strata webinars, where LookUpStrata hosts a strata expert to cover a specific topic and respond to audience questions.

Nikki Jovicic Owner / Director

Liza came on board in early 2020 to bring structure to LookUpStrata. She has a passion for processes, growth and education. This quickly resulted in the creation of The Strata Magazine released monthly in New South Wales and Queensland, and bi-monthly in Western Australia and Victoria. As of 2021, LookUpStrata now produce 33 state based online magazines a year.

Among other daily tasks, Liza is involved in scheduling and liaising with upcoming webinar presenters, sourcing responses to audience questions and assisting strata service professionals who are interested in growing their business.

Liza Jovicic Sales and Content Manager

Learn more here → https://www.lookupstrata.com.au/about-us/ You can contact us here → administration@lookupstrata.com.au Disclaimer: The information contained in this magazine, including the response to submitted questions, is not legal advice and should not be relied upon as legal advice. You should seek independent advice before acting on the information contained in this magazine.

2 www.lookupstrata.com.au www.lookupstrata.com.au Strata legislation is updated regularly. The information in this magazine is based on the legislation at the time of publishing.

2 2www.lookupstrata.com.au

Contents 4

Transparency when voting for committee positions

20

William Marquand, Tower Body Corporate

William Marquand, Tower Body Corporate

6

8

Should a motion to double the sinking fund budget be ruled out of order?

22

Liam Boudin, Mahoneys

24

House rules lack the legal clout of by-laws Frank Higginson, Hynes Legal

10

Can the AGM be held via Zoom, or is an in-person meeting required?

Chris Irons, Strata Solve

12

The impact of rectification works on your strata insurance premium Tyrone Shandiman, Strata Insurance Solutions

14

Is the Multiplier just based on the management fees?

Strata Business Brokers

16

Do resident building managers have a voice?

Frank Higginson, Hynes Legal

18

Navigating conflicts: Owner representation on the committees Todd Garsden, Mahoneys

Accessing BMG records to track charges Can we exclude our body corporate manager from committee meetings?

Chris Irons, Strata Solve

Is my over bonnet storage really not fire compliant?

Stefan Bauer, Fire Matters

25

The Fire Risks of Lithium-ion Batteries Stefan Bauer, Fire Matters

26

How can one owner turn a decision around?

Michael Kleinschmidt, Bugden Allen Graham Lawyers

28

What are lot owner’s consequences of outstanding body corporate debt?

Frank Higginson, Hynes Legal

30

Do we need to wash down the building?

Arnaud d’Assonville, Olive Tree Consulting Group

32

The SCAQ Difference SCAQ

34

The QLD LookUpStrata Directory

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SC Seymour Consultants STRATA COMPLIANCE REPORT SPECIALISTS

Transparency when voting for committee positions

BCMs often have close ties to committee chairs. BCM contracts rely on committee support, so how can owners trust voting for committee positions when there’s no oversight?

As body corporate managers (BCM) and committee chairs are usually extremely close and the BMC depends on support from the committee for renewal of their contract, how can owners scrutinise committee or executive committee elections when votes are all via email to the BMC, with no scrutiny?

It would be strange if managers weren’t working with committees to achieve their goals. That is what they are appointed to do.

All votes received are part of the official record of the body corporate. As such, you can request copies of meeting documentation, including the votes from the body corporate.

If necessary, you can arrange a search of the books and records, and you should be able to find the information. You could also consider being a scrutineer, an observer who can see votes during a count.

For what it is worth, it is mostly a positive sign if the committee has a good relationship with the body corporate manager. They work together a lot, so it’s more of a concern if they are not happy with each other, although I accept that not all committee-chair relationships are positive. It’s also the case that most body corporate contracts are put forward 4 www.lookupstrata.com.au

as committee motions, so that is not strange in and of itself. Managers are more likely to support committees that will back the continuation of their contracts. Still, it is also the case that committees are the appointed delegates of the scheme. It would be strange if managers weren’t working with them to achieve their goals as that is what they are appointed to do.

Managers and committees are also obliged by a code of conduct to count votes correctly. If they don’t, action can be taken against them.

This situation would be further improved if licensing of body corporate managers was introduced into Queensland as it is in NSW, but the powers that be are dragging their heels on this issue. Overall, as a manager, I think most votes across most companies are counted accurately. There are some egregious examples where this is not the case and many situations where minor errors in counts occur, but I don’t think there is too much active vote rigging taking place across the industry.

Still, if you have concerns at your scheme, you can take action. Discuss with the committee and manager first and ask if you can see the votes or if there is a way to make voting more transparent. Otherwise, review the records and see if you find any issues. You haven’t mentioned anything specific in your question, just a general sense of concern about the process. Perhaps if you spoke to the chair or manager about this or joined the committee yourself, you may have more confidence in the system.

Lastly, it is worth noting that the shift towards electronic voting takes much of the counting process out of the hands of the manager or committee. Most companies now offer this, and it is easy for owners to cast their votes online, creating complete records of what has been submitted. Owners should be encouraged to vote this way if suitable as it is fast, efficient and accurate.

William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au READ MORE HERE

Should a motion to double the sinking fund budget be ruled out of order?

If owners have already approved a sinking fund budget for an amenity, can a subsequent motion to spend up to double that amount on improving the same amenity be allowed?

Section 98 (1)(a)(i) of the BCCM Standard Module states that a person chairing a general meeting must rule a motion out of order if the motion, if carried, would conflict with, amongst other things, “a motion already voted on at the meeting”.

If owners have already approved a sinking fund budget for an amenity and a motion is proposed to authorise capital expenditure for improving that amenity up to double the budgeted amount, should this motion be ruled out of order?

There is a difference between a motion that approves a budget and one that approves expenses.

No. There is a difference between a motion that approves a budget and one that approves expenses. Budgets are simply estimates that are adjusted based on overspending or underspending at the end of a body corporate’s financial year.

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Accordingly, the motions do not conflict – the body corporate would, at some point, need to recover any spending in excess of what was budgeted for (provided there were no other costs which were equivalently underspent on) through a special levy, at the following year’s annual general meeting to recover the deficit or amending the existing budget that was approved.

This position was confirmed in Mountainview [2003] QBCCMCmr 308: “…the body corporate believes that it has sufficient funds to undertake the proposal contemplated in either motion 9 or 10, and has not proposed a special levy. I consider this is all within the contemplation of the legislation. This office does not undertake any “big brother” or overseeing role of ensuring that a body corporate has sufficient funds to undertake its proposals. Bodies corporate are independent entities responsible for self management…”

Liam Boudin | Mahoneys lboudin@mahoneys.com.au READ MORE HERE

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HYNES LEGAL

House rules lack the legal clout of by-laws If good fences make for good neighbours, then good by-laws make for a good scheme.

The success of a strata community often comes down to the quality and transparency of its by-laws.

By-laws and house rules are used fairly interchangeably in strata land, but they are two completely different beasts.

A by-law is registered in a scheme’s Community Management Statement (CMS). It’s all those terms that are in Schedule C that detail speed limits, gym rules, exclusive-use car parking, and whatever other rules the scheme may contain.

On the other hand, house rules are a bit of a legal fiction. They have evolved over the years, and are the rules made by the committee that aren’t actually in the by-laws. In a sense, they’re more like policy considerations or guidelines.

A scheme may be in a position where the by-laws rule that a pet can’t be kept without committee approval, and then behind the scenes the committee might have guidelines around what those conditions may be in relation to certain types of pets and how they are to be managed.

House rules on their own are not legally enforceable; by-laws are enforceable, provided they are lawful. Putting unlawful house rules into a by-law doesn’t make them valid either.

Frank Higginson

In any dispute, adjudications from the Office of the Commissioner for Body Corporate and Community Management have traditionally relied on a black-letter-law reading of a CMS. Though house rules may provide guidelines on how a by-law is to be administered, they do not of themselves represent enforceable directions.

Again, we come back to the fundamental issue that just because something is in a by-law doesn’t make it reasonable. By-laws can't be oppressive or unreasonable, and they still must comply with all the provisions of Section 180 of the Act. But a house rule would not be enforceable under a by-law contravention notice.

If you want to have a provision that’s enforceable as a by-law, it needs to be in a by-law. If you want to have house rules, which are effectively guidelines in relation to the use of, say, common property, have them, but don't expect to be able to enforce them through a by-law enforcement process.

From a committee perspective, you've got to decide what it is that you want to achieve then make sure that you’ve got the documents that are consistent with that choice.

To get clarity on the distinction between by-laws and house rules, or to adopt policies that are enforceable, it’s always best to seek legal advice.

hyneslegal.com.au

Ensure your by-laws are enforceable Laws have changed and many by-laws are now out-of-date and invalid

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Can the AGM be held via Zoom, or is an in-person meeting required?

Our upcoming AGM will be held via Zoom. A lot owner is unable to attend due to hearing difficulties. Is the AGM required to be held in person?

Our upcoming AGM is being held via Zoom.

There is one lot owner who is unable to engage in the meeting due to hearing difficulties. Our body corporate manager runs the AGM, does not allow lot owners to speak for more than two minutes, and discourages any discussion regarding the motions on the agenda. Is the AGM required to be held in person?

Electronic meetings are not the default.

While I will address your specific query about Zoom vs in-person meetings, a few points of clarity first: •

•

By default, the body corporate manager does not ‘run’ the AGM. The chair should be doing that. While there is scope for the manager to assist (and it makes sense they should) and, in some cases, actually be the chair, that is typically subject to a decision of voters at the meeting.

There is no express right for discussion on agenda motions, or a duration for that discussion. If it were up to me – and perhaps I am in a minority here – an AGM would be over in 10 minutes, as it is really only a forum for people to say ‘yes’, ‘no’, or ‘abstain’. Discussion should happen beforehand.

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Now to your specific query: the decision to conduct a meeting ‘electronically’ (essentially what Zoom is) is made by ordinary resolution.

In other words, electronic meetings are not the default. I am going to assume your body corporate has resolved to hold meetings electronically, and if so, you or the other owner could submit a motion requesting meetings not be held electronically. That, too, would occur by ordinary resolution. If the AGM papers have already been issued for this meeting, it is too late to do that. Importantly, remember that if everyone else is happy with electronic meetings, they will have the numbers, and that motion will fail.

A practical question (and no disrespect is meant by this): wouldn’t the owner’s hearing difficulties be an issue whether it was a Zoom meeting or not? In other words, I am unclear why this owner also wouldn’t have challenges participating in an in-person meeting. While I am sympathetic to the owner’s situation, they also have a responsibility as an owner to do what they can to ensure they cast their vote. For example, they can cast a paper vote beforehand or seek assistance by having someone attend the meeting with them.

I also very much see the owner side of this coin: it is essential that all owners have a chance to participate in the AGM, and that, to me, means that efforts should still be made to assist the other owner to participate. It would be reasonable for the body corporate to do that. If an AGM outcome is ever challenged, the inability of that owner to properly participate may (I stress may) be a factor for the adjudicator to consider.

This is general information only and not legal advice.

Chris Irons | Strata Solve chris@stratasolve.com.au READ MORE HERE

The impact of rectification works on your strata insurance premium After building rectification works have been completed, should our strata insurance premium be reduced?

Whether your strata insurance premium should be reduced following building rectification works is a nuanced matter, influenced by the nature and purpose of the rectification itself.

Here’s how different scenarios could affect your insurance premium:

The impact of rectification works on your strata insurance premium depends on the specifics of each case.

• Rectification Related to a Previous Claim: If the rectification works were undertaken in response to a claim, it’s important to recognise that your claims history, a significant factor insurers consider when determining premiums, will be affected. This could potentially lead to a premium increase due to a history of claims, reflecting a perceived higher risk. Insurers rate on a three to five year claims history so it is possible the claim can have an impact for this period of time after the initial claim lodgement.

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• Rectification of Building Defects: When rectification works address specific building defects, there’s a theoretical basis for expecting a reduction in premiums.

The rationale is that fixing defects should lower the risk of future claims, thereby justifying lower premiums. However, insurers may be cautious, especially with rectification works related to significant issues like major leaks. Insurers might prefer to keep premiums or excess levels unchanged for a period (typically a year) following the rectification. This approach allows them to assess whether the rectification effectively mitigates the risk of future claims, considering that subsequent claims are not uncommon after major repairs, especially if the initial issue is not fully resolved.

Given these considerations, the impact of rectification works on your strata insurance premium is highly individualised, depending on the specifics of each case.

If an insurance broker represents your strata scheme, their role becomes crucial in navigating these complexities. A competent broker should not only advocate for the most favourable premium possible post-rectification but also explore alternative insurance providers. This proactive approach ensures that your strata scheme’s insurance coverage is appropriate and cost-effective, reflecting the reduced risk profile following successful rectification works.

Tyrone Shandiman | Strata Insurance Solutions tshandiman@iaa.net.au READ MORE HERE

Do resident building managers have a voice?

How does a resident building manager have their voice heard when it comes to committee decision making for common area maintenance?

contractual relationship with the body corporate and your relationship with the committee is a very important part of that. If you go and put the committee offside over spending of this nature, that usually does not bode well for your ongoing business relationship.

I am the building manager/caretaker for our complex. I obtained two quotes for common area cleaning. The committee voted to approve a quote from a contractor that was $800 more for the cleaning of less areas.

How do I, has a lot owner and caretaker, have my voice heard and make sense of the committee’s decision?

Ultimately, the committee has been elected to do a job and for whatever reason they have gone with a contractor who is not your preferred option. But it’s their choice, and in the context of your relationship, I would simply accept that as is and move on. If you don’t want to do that, just be aware that you are likely opening a can of worms.

Frank Higginson | Hynes Legal frank.higginson@hyneslegal.com.au

Accept that as is and move on.

If you were an ordinary lot owner, you can go your hardest. But you’re not – you are in a

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READ MORE HERE

Navigating conflicts: Owner representation on the committees

Does placing a unit in a letting pool create a conflict of interest for an owner seeking a body corporate committee position?

If a lot owner puts their unit in the letting pool to be managed by the management rights company, is there any conflict of interest for the owner to be elected as a member of the body corporate?

If the owner can be elected as a member or executive member of the body corporate committee, should they abstain from voting on any issues involving the management company?

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Engaging the manager as a letting agent does not create any eligibility issues for the owner.

Whether a committee member needs to then abstain on voting on a matter affecting the manager will depend precisely on what the motion relates to. There will be circumstances where it does amount to a conflict of interest and other times when it would not.

In short, no to the first query and maybe to the second.

The legislation specifically contemplates this when detailing the eligibility of a lot owner to be on the committee by relevantly making the following persons ineligible:

Todd Garsden | Mahoneys tgarsden@mahoneys.com.au READ MORE HERE

an associate of a body corporate manager, service contractor or letting agent, other than an owner of a lot who is the associate of a letting agent merely because the letting agent, in conducting the agent’s letting agent business, acts for the owner Accordingly, engaging the manager as a letting agent does not create any eligibility issues for the owner.

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Accessing BMG records to track charges

As the new treasurer, I struggle to understand our BMG charges.

No one can provide past minutes and budgets. How do I get the records?

I have recently become our body corporate committee treasurer. We have overlapping lots and deal with a building management group (BMG). I have requested a backlog of the BMG minutes because we are paying $27,000+ annually for items, and I cannot see why. The strata manager, caretaker and past treasurer don’t have the historical BMG minutes or budget, and the prior BMG chair has not been forthcoming. How can I access this information and find out what the charges are for?

Your scheme needs to take a good look at your processes, the advice you are receiving and maybe how your BMG is functioning.

It sounds more than a bit strange that there aren’t any records. At a minimum, you would think there would have to be an annual meeting of the BMG to raise funds, otherwise, how are you establishing the amounts you are paying for?

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As the BMG would be made up of other entities beyond your own, you could ask those entities for copies of their records. Hopefully, someone will give you a helping hand. Beyond that, you could arrange a search of the records of your scheme, although hopefully, if the body corporate manager says the records aren’t there, they aren’t.

Otherwise, your scheme probably needs to take a good look at your processes, the advice you are receiving and maybe how your BMG is functioning. On the basis of the information provided, it seems there is a serious malfunction in the body corporate procedures your scheme is undertaking, which will be putting owners at risk. You may not be able to change the past, but you can do things properly in the future, and this discovery may be the warning sign you have needed for a while.

William Marquand | Tower Body Corporate willmarquand@towerbodycorporate.com.au READ MORE HERE

Can we exclude our body corporate manager from committee meetings?

Can the committee exclude our body corporate manager from committee meetings, especially when we wish to discuss their performance and possible replacement?

I have joined our body corporate committee.

The legislation states that the body corporate manager (BCM) is a non-voting committee member. Can the committee ask the BCM not to attend if there are no matters to discuss requiring BCM assistance?

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If the BCM must attend every meeting, it inhibits the number of meetings called because of the associated cost once the number/hours covered by the management fee is exceeded.

If the meeting is to discuss the BCM’s performance and/or the process to obtain alternative body corporate management proposals from the market, it is reasonable to exclude them from the AGM.

It is far better to constructively address the issues and establish a productive working relationship rather than moving to ‘exclusion’.

While it may be technically possible for the committee to call a meeting without the manager’s attendance, I think it is risky.

Remember that while the manager is a ‘nonvoting member’, they are still a ‘member’, and I personally think it is questionable to undertake corporate governance to exclude committee members. If they are excluded, the manager may react negatively to that decision (assuming they find out about it), and it could exacerbate any existing tensions (I am assuming there are tensions, based on your query).

My interpretation of your query is that you and perhaps other committee members are unhappy with your current manager. That is not unusual in itself. That said, I always think it is far better to try to constructively address the issues and try to establish a productive working relationship rather than moving to ‘exclusion’.

In my experience, exclusion invariably leads to a negative outcome.

This is general information only and not legal advice.

Chris Irons | Strata Solve chris@stratasolve.com.au READ MORE HERE

More to the point, if there is to be a discussion about the manager’s ‘performance’, wouldn’t it make sense for them to be present and given an opportunity to respond to your concerns and possibly find a way to address them?

Strata Solve helps people untangle and resolve their strata issues. Sounds simple when you put it like that, doesn’t it?

Director Chris Irons (pictured, with his strata-approved greyhound Ernest) has an unrivalled strata perspective. As Queensland’s former Body Corporate Commissioner, Chris has seen and heard virtually every strata situation and nuance. He knows that while legislation provides a framework, there are many ambiguities to navigate through and in which pragmatism, commonsense and effective communication are vital.

As an independent strata consultant, Chris provides services which are all about empowering owners, committees, managers, caretakers, and others, to protect their strata interests. With a high-profile media and online presence, and as an accredited mediator, Chris is also able to carefully ‘read the room’ and craft the right narratives in even the most complex strata situation.

Strata Solve is not a law firm. Chris instead thinks of steps you can take before you embark on lengthy, costly, and stressful legal proceedings. Regardless of the client, all people in strata have one thing in common: their substantial investment in the strata scheme. Strata Solve prioritises that investment in each tailored solution we provide.

Get in touch to find out more.

email: chris@stratasolve.com.au web: stratasolve.com.au

Is my over bonnet storage really not fire compliant?

Our body corporate manager notified me that my over-bonnet storage doesn’t pass the fire compliance inspection due to sprinkler obstruction. Is the fire inspector being a bit ‘over the top’?

I’ve received a notification from our body corporate manager that my over-bonnet storage doesn’t pass the fire compliance inspection. The inspector advised that the box doesn’t meet Australian Standards. The roof of the enclosure must have means for the sprinkler discharge, and because the unit is greater than 1m in depth, a sprinkler must be installed underneath it. Without the sprinkler, he cannot issue a form 12.The inspector has referenced a paragraph from section 5.7.9 of AS 2118.1-2017.

Is the inspector being a bit ‘over the top’ on the inspection? The free standing storage device is more that 500mm away from the sprinkler. Our body corporate documentation allows us to install an over-bonnet storage device, and there are no details about meeting any compliance or legislation standards.

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The installation of over-thebonnet storage boxes has been a contentious issue for many years The installation of over-the-bonnet storage boxes has been a contentious issue for many years. When strictly interpreting that clause, it would be correct that a sprinkler head should be installed; however, without the installation, will it have a detrimental impact on the safety of the building? Most likely not.

Form 12 is part of the building development approval in Qld and relates to new installation or alterations completed to a system. If there is no building development approval in place, the need for the service to be provided is questionable.

For existing buildings, the routine maintenance standard AS1851-2012 applies to, in this particular instance, the survey part of section 2 (sprinkler system). The survey is part of the annual inspection, during which a qualified person conducts an annual visual inspection of the system to check for alterations that may affect its operation.

The service provider would still be required to provide all relevant documentation and issue non-compliance with the survey. The other question that needs to be confirmed is AS2118.1-2017, the applicable standard. The system only has to comply with the standard of the year it was constructed.

Stefan Bauer | Fire Matters sbauer@firematters.com.au READ MORE HERE

The Fire Risks of Lithium-ion Batteries

How to minimise risks from lithium-ion batteries

From smartphones and laptops to electric vehicles and power tools, every home has lithium-ion batteries, yet they pose significant fire risks, particularly in multioccupancy dwellings.

The primary risk is thermal runaway, which can result in sudden and intense fires that are difficult to extinguish and can emit toxic gases.

The main causes of thermal runaway: Overheating: This can be either through overcharging or exposure to high temperatures or direct sunlight.

Physical Damage: Dropping or crushing the battery can cause internal short circuits.

Manufacturing Defects: Poor-quality control during production, which can lead to internal faults.

1. Educate your occupants on the risks and encourage proper handling: Always use the device manufacturer’s charger.

Avoid overnight charging.

Do not charge devices unattended.

Do not charge batteries or devices on flammable surfaces, such as beds or carpets.

Use fireproof bags for charging and storage.

Store batteries in a cool, dry place away from direct sunlight and water.

Always dispose of damaged batteries.

2. Have emergency response procedures in place: Have a Class D fire extinguisher on hand.

Evacuate the area immediately and call emergency services as cells can continue to ignite even after a fire appears under control.

Stefan Bauer Fire Matters

READ MORE HERE

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How can one owner turn a decision around?

Our body corporate has chosen the cheapest quote for balustrade replacement. This option significantly reduces the sunlight in my unit. How to prevent this change?

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The owners of our ten units have decided on the cheapest quote to have our balustrades replaced. At our committee meeting of four owners, I noted that the cheapest quote would block out my sunlight, as there is only a 9mm space between each rail. I’m not in favour of this option. The other units get all day sun but I only get morning sun. Now the other nine owners have agreed on the cheaper quote, is there anything I can do to stop this?

Sometimes (often?) the most practicable solution is not a legal one.

Sometimes (often?), the most practicable solution is not a legal one. If I was in your shoes, I would: (a) get the body corporate roll from the body corporate manager ASAP. (b) send each of my neighbours (i.e. the owners of the neighbouring lots) a short email of introduction, explain the issue, suggest the solution (different balustrade for just my lot), offer to pay the difference, provide my contact details, and ask them to please reply to say if they agree. (c) while I am waiting for the replies, contact the approved contractor and, with them, work out the details of the solution, how much it will cost and ask them to send me a further quote / invoice (addressed to the body corporate) for just the extra work / cost.

(d) if I have enough neighbour support, get some further emails going to the committee and the body corporate manager to vary the supplier’s contract to include the extra work, but note that I will pay the difference. Make it crystal clear that the different balustrade is not my improvement. It’s body corporate maintenance, and I am just chipping in for the extra cost so I can get exactly what I want. (If I did not do this, then unscrupulous neighbours could, in the future, try to argue that I am liable to maintain the new balustrade, effectively forever!).

Good luck!

Michael Kleinschmidt | Bugden Allen Graham Lawyers michael.kleinschmidt@bagl.com.au READ MORE HERE

What are lot owner’s consequences of outstanding body corporate debt?

Our body corporate mows the private lawns of some owners.

If owners do not reimburse the body corporate, what are the consequences of outstanding body corporate debt?

Our body corporate engages a gardener to mow the common property lawns and some owners’ private lawns.

These owners have signed agreements to reimburse the body corporate, but some owners are very tardy and one has not paid anything for a while, claiming financial hardship.

The committee does not like to issue demand notices. Does this debt disentitle the owner from voting at our AGM?

If you owe the body corporate a debt, many consequences flow from that.

A ‘body corporate debt’ is specifically defined to include other amounts associated with the ownership of the lot and then provides examples, including lawn services arranged by the body corporate for the owner of the lot.

If you owe the body corporate a debt, many consequences flow from that, including the inability to: • nominate people for committee, • be on the committee or • exercise votes at general meetings on most motions.

An amount of this nature is therefore akin to non-payment of levies. There are consequences.

Frank Higginson | Hynes Legal frank.higginson@hyneslegal.com.au READ MORE HERE

28 www.lookupstrata.com.au

SC Seymour Consultants STRATA COMPLIANCE REPORT SPECIALISTS

Since 2001, Seymour Consultants has applied professionalism, honesty and integrity to every project and built a reputation as a market leader in the Strata Industry.

With a background of over 25 years experience in Quantity Surveying, Construction and Development, you can be sure to benefit from our

experience for your reporting and project based needs.

Specialising in: • • • • • • • • • • • • • • • • • • • • • • • • • • • • •

Fire Safety Auditing, Evacuation Planning & Training Pool Certification Facility Manager & Caretaker Recruitment Lot Entitlement Reporting Building Condition Reports Quantity Surveying

Our main objective is to work in partnership with you as we share a joint interest in the success of each and every project.

Call us today on 07 5573 4011 Email us on info@seymourconsultants.com.au Visit our website at www.seymourconsultants.com.au

Health & Safety Sinking Fund Forecasts Asbestos Auditing Insurance Valuations Caretaking Performance Reviews Caretaking Remuneration Reviews – Time & Motion Study Management Rights – Suitability Interview & Assessment Project Management Tax Depreciations Part Five Reporting

Do we need to wash down the building?

How often should the body corporate committee get a building washed down?

Failure to wash down the building could lead to accelerated deterioration of waterproofing properties due to debris and salt accumulation.

Typically, a washdown occurs annually and is part of the maintenance requirements for the painting warranty. However, certain bodies corporate may opt for less frequent occurrences. It’s particularly crucial in areas with nearby salt air exposure. Additionally, it’s advisable to conduct this after neighbouring construction projects have finished.

Failure to wash down the building could lead to accelerated deterioration of waterproofing properties due to debris and salt accumulation, potentially resulting in water ingress and increased concrete spalling over the building’s lifespan.

Arnaud d’Assonville | Olive Tree Consulting Group arnaud@olivetreeconsultinggroup.com.au READ MORE HERE

30 www.lookupstrata.com.au

SPECIAL ONLINE TICKETS AVAILABLE OCN STRATA MATTERS 2024 Conference: Building sustainable communities Are rising costs of living impacting you?

It’s challenging to know how to sustainably manage your property’s financial, physical and human capital OCN can help - register now for our Annual Conference THURSDAY 12 September 2024 Rydges World Square SYDNEY AND ONLINE 8.30 AM TO 1.15 pm AEST Use the hidden code OCNQLD to register for online attendance, exclusive to Queensland

Online attendance is just $27.50 For more details click here

YOUR PLACE TO: LEARN NETWORK & STRIVE IN STRATA

TICKETS ARE ON SALE NOW

Learn about: Managing the reluctance to fund repairs and maintenance funding insurance and negotiate embedded network costs Sustainability initiatives - EVs, ebikes, solar (grants) etc, energy savings retro-fitting for net zero engaging with your Body Corporate Conflict resolution and loads more to come

OCN.ORG.AU

The SCAQ Differen Your property is one of your biggest investments and it should be nurtured and managed so it increases in value.

The value of your strata property depends on the effectiveness of the body corporate and its management.

SCAQ members have you covered.

Engaging a professional strata manager who is a member of SCAQ is the key to maximising the value of your property.

SCAQ members are: • Accountable to industry Professional Standards • Deliver trusted, expert guidance • Protect your investment • Increase your strata knowledge • Save you money • Minimise your risk • Safeguard your fees.

Professional strata manager is not a term regulated or protected by Government. The only professional strata managers who are endorsed or accredited in any meaningful way are those who have been through the SCAQ accreditation and training.

My strata manager is with SCAQ, is yours?

The SCAQ Difference The SCAQ pathway for accreditation and ongoing professional development is recognised nationally and internationally. When you choose a professional strata manager you entrust them with your money and compliance with your obligations, it is important to have someone you know can be trusted.

SCAQ members, unlike other strata managers having rigorous external standards put upon them, and they are answerable to best practice standards across industry.

Members of SCAQ are required to: • Undergoing Mandatory Training and Continuing Professional Development to maintain their membership with SCAQ • Maintain professional indemnity insurance • Meet ethical requirements and conform to a code of conduct overseen by a professional standards committee

Why use an accredited Strata Professional?

The SCAQ accreditation pathway is rigorous and industry leading. It is underpinned by a staged approach to work in the industry, with stages of accreditation taking years to achieve. This supervisory approach helps ensure appropriate mentoring by senior members of industry, as well as bringing participants up to speed on the latest theory and practice in the industry.

This pathway takes years to achieve full competence and certification in it should serve as peace of mind for lot owners that their asset is being managed with professional skill, care and years of experience.

nce Skills of an SCAQ Member SCAQ members learn a variety of skills throughout their education and in an ongoing fashion through classroom style as well as on the job training.

These include: • Financial management • Insurance advisory • Building maintenance • Contract management • Dispute resolution • Administration best practice

SCAQ members are the best in their field, with professional, educational and ethical obligations on them which are second to none in the industry.

If your Strata Manager is not an SCAQ member, we encourage you to make the switch to ensure that your home is protected by the guarantee of quality that comes with SCAQ membership.

Find out more: www.qld.strata.community

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STRATA MANAGEMENT Tower Body Corporate

Your Building Matters P: 07 5609 4924 W: https://towerbodycorporate.com.au/ E: info@towerbodycorporate.com.au

Bright & Duggan

Strata Professionals P: 02 9902 7100 W: https://bright-duggan.com.au/ E: customercare@bright-duggan.com.au

DEFECT RESTORATION Building Rectification Services

P: 07 5539 3588 W: https://www.buildingrectification.com.au/ E: admin@buildingrectification.com.au

Ouroboros design

Architect assistance with upgrades and renovations P: 0400 152 833 E: garymo12@gmail.com

Vision Strata Services

TRADECOM GROUP

Your local Strata Firm based on the Gold Coast QLD W: http://visionstrata.com.au/ E: info@visionstrata.com.au

Innovative Commercial Building Projects P: 1300 301 888 W: https://tradecomgroup.com/ E: services@tradecomgroup.com

SSKB Strata Managers

Altec Building

A Positive Difference in Strata P: 07 5504 2000 W: https://sskb.com.au/ E: sskb@sskb.com.au

Remedial Building & Waterproofing P: 02 9744 2039 W: https://www.altecbuilding.com.au/ E: info@altecbuilding.com.au

Northern Body Corporate Management

Commercial Building Facade Solution

Specialist Body Corporate Management for North Queensland

P: 07 4723 8217 W: https://www.nbcmqld.com/ E: nbcm@bigpond.net.au

Bryant Body Corporate Management Not All Agents Are the Same!

P: 07 5437 7777 W: https://www.bryantstrata.com.au/ E: peterbryant@bryantstrata.com.au

Quantum United Management

Creating vibrant and connected communities P: 61 38360 8800 W: https://www.quantumunited.com.au/ E: info@quantumunited.com.au

Archers the Strata Professionals

Precision Diagnostics-Innovative Solutions P: 0488 223 359 W: https://www.cbfs.com.au/ E: mike@cbfs.com.au

STRATA REPORTS Rawlinsons

Calculated Confidence P: 08 9424 5800 W: https://www.rawlinsonswa.com.au/ E: info@rawlinsonswa.com.au

Strataregister.com Pty Ltd

Find the Strata / CT Manager for your property P: 0411 483 249 W: https://www.strataregister.com/ E: hello@strataregister.com

Your Partners in Stratas W: https://abcm.com.au/ E: marketing@abcm.com.au

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BUILDING ENGINEERS & INSPECTORS Sedgwick

Building Consultancy Division & Repair Solutions W: https://www.sedgwick.com/solutions/global/au E: sales@au.sedgwick.com

QIA Group

Compliance Made Easy P: 1300 309 201 W: https://www.qiagroup.com.au/ E: info@qiagroup.com.au

GQS

Quantity Surveyors & Building Consultants P: 1300 290 235 W: https://gqs.com.au/ E: info@gqs.com.au

Seymour Consultants

Body Corporate Report Specialists W: https://www.seymourconsultants.com.au/ E: info@seymourconsultants.com.au

BCRC

Construction Materials & Durability Consultants P: 02 9131 8018 W: https://bcrc.com.au/ E: sydney@bcrc.com.au

Budget Vals

Built For Strata P: 1300 148 150 W: https://www.budgetvals.com.au/ E: reports@budgetvals.com.au

Palmer Acoustics

Specialist Acoustic & Audio Visual Engineering P: 61 7 3802 2155 W: https://palmeracoustics.com/ E: ross@palmeracoustics.com

HFM Asset Management Pty Ltd Building Efficiency P: 0407 734 260 W: https://www.hfmassets.com.au/ E: info@hfmassets.com.au

Independent Inspections

Sinking Fund Forecast, Insurance Valuations, OHS P: 1300 857 149 W: http://www.iigi.com.au/ E: admin@iigi.com.au

Leary & Partners

Quantity Surveying Services Since 1977 P: 1800 808 991 W: https://www.leary.com.au E: enquiries@leary.com.au

BIV Reports

Specialist in Strata Compliance Reports P: 1300 107 280 W: https://www.biv.com.au/ E: biv@biv.com.au

Pircsa Pty Ltd

Professional Insurance Restoration and Consultancy P: 0460 555 077 W: https://pircsa.com.au/ E: steve@pircsa.com.au

Quality Building Management

keeping your buildings legally compliant and safe P: 1300 880 466 W: https://qbm.com.au/ E: sales@qbm.com.au

Solutions in Engineering

Quality Reports On Time, Every Time!

P: 1300 136 036 W: https://www.solutionsinengineering.com/ E: enquiry@solutionsinengineering.com

CORE Consulting Engineers

Delivering 360° engineering solutions for strata P: 02 8961 3250 W: https://core.engineering/ E: admin@core.engineering

Mabi Services

Asbestos, Safety & Building Consultants P: 1300 762 295 W: https://www.mabi.com.au/ E: cinfo@mabi.com.au

Olive Tree Consulting Group

Solutions in Strata Compliance P: 0400 161 659 W: https://olivetreeconsultinggroup.com.au/ E: admin@olivetreeconsultinggroup.com.au

Leo & Associates Consulting Engineers Enhancing Structures, Empowering Futures P: 0452 205 727 W: https://laconsulting.com.au/ E: Leo@laconsulting.com.au

MARKETING PRINT YOUR DIRECTORY HERE

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INSURANCE Strata Insurance Solutions

STRATA LAWYERS Mahoneys

Protecting owner assets is who we are.

P: 1300 554 165 W: https://www.stratainsurancesolutions.com.au/ E: info@stratainsurancesolutions.com.au

Body Corporate Law & Dispute Resolution Experts P: 07 3007 3777 W: www.mahoneys.com.au/industries/bodies-corporate-strata/ E: info@mahoneys.com.au

Whitbread Insurance Brokers

Hynes Legal

Empower Your Vision P: 1300 424 627 W: https://www.whitbread.com.au/ E: info@whitbread.com.au

Leading Lawyers. Living Strata.

P: 07 3193 0500 W: https://hyneslegal.com.au/ E: frank.higginson@hyneslegal.com.au

CHU Underwriting Agencies Pty Ltd

Bugden Allen Graham Lawyers

Specialist Strata Insurance Underwriting Agency W: https://www.chu.com.au/ E: info_nsw@chu.com.au

Specialising in property development & strata law P: 07 3905 9260 W: www.bagl.com.au E: info@bagl.com.au

Strata Community Insurance

Mathews Hunt Legal

Flex Insurance

Moray & Agnew Lawyers

Protection for your strata property. And you.

P: 1300 724 678 W: https://www.stratacommunityinsure.com.au E: myenquiry@scinsure.com.au Your Cover Your Choice P: 1300 201 021 W: https://www.flexinsurance.com.au/ E: info@flexinsurance.com.au

Driscoll Strata Consulting

Knowledge | Experience | Service P: 0402 342 034 W: https://driscollstrataconsulting.com.au/ E: enquiries@driscollstrataconsulting.com.au

Sure Insurance

Sure. Insurance, but Fair P: 1300 392 535 W: https://sure-insurance.com.au/strata-hq/ E: strata-quotes@sure-insurance.com.au

BODY CORPORATE LAWYERS... EXCLUSIVELY P: 07 5555 8000 W: https://mathewshuntlegal.com.au/ E: admin@mathewshuntlegal.com.au Legal strategies and solutions for our clients P: 03 9600 0877 W: https://www.moray.com.au/ E: https://www.moray.com.au/

Grace Lawyers

Know. Act. Resolve.

W: https://gracelawyers.com.au/ E: enquiries@gracelawyers.com.au

Holman Webb Lawyers

Body Corporate and Strata Dispute Experts P: 61 732 350 100 W: https://www.holmanwebb.com.au/ E: contact@holmanwebb.com.au

CRM Brokers

The smart insurance choice P: 1300 880 494 W: https://www.crmbrokers.com.au/strata-insurance/ E: crmstrata@crmbrokers.com.au

Strong Insurance

Fast & efficient strata insurance across Australia P: 1800 934 099 W: https://www.stronginsurance.com.au/strata-quote E: admin@stronginsurance.com.au

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SOFTWARE MiMOR

Connecting People – Creating Communities P: 1300 064 667 W: https://www.mimor.com.au/ E: info@mimor.com.au

Stratabox

Building Confidence P: 1300 651 506 W: https://stratabox.com.au/ E: contact@stratabox.com.au

ResVu

Customer Service Software for Strata P: 0874778991 W: https://resvu.com.au/ E: enquiries@resvu.com.au

StrataMax

Streamlining strata P: 1800 656 368 W: https://www.stratamax.com/ E: info@stratamax.com

MYBOS

Building Management - Residential & FM Schemes P: 1300 912 386 W: https://www.mybos.com.au/ E: sam@mybos.com.au

StrataVault

Connecting people, processes, and applications P: 1300 082 858 W: https://globalvaults.com.au/ E: team@thestratavault.com

Urbanise

Automate your workload to increase efficiency.

P:1300 832 852 W: https://www.urbanise.com/ E: marketing@urbanise.com

onsite.fm

Building Management Software P: 02 7227 8550 W: https://onsite.fm/ E: hello@onsite.fm

Stratafy

Only Complete Cloud Strata Software ecosystem P: 1300 414 155 W: https://stratafyconnect.com/ E: sales@stratafyconnect.com

eVotters

The online voting solution P: 61 28011 4797 W: https://www.evotters.com/ E: support@evotters.com

EDUCATION & TRAINING LookUpStrata

Australia’s Strata Title Information Site W: https://www.lookupstrata.com.au/ E: administration@lookupstrata.com.au

Strata Community Association P: 02 9492 8200 W: https://www.strata.community/ E: admin@strata.community

Owners Corporation Network

The Independent Voice of Strata Owners W: https://ocn.org.au/ E: enquiries@ocn.org.au

Your Strata Property

Demystifying the legal complexities of apartment living

W: https://www.yourstrataproperty.com.au/ E: amanda@yourstrataproperty.com.au

ACCOUNTANTS Tinworth & Co

Chartered Accountant & Strata Auditors P: 0499 025 069 W: https://www.tinworthaccountants.com.au/ E: caren.chen@tinworth.com

Matthew Faulkner Accountancy

Strata Auditing specialists P: 0438 116 374 W: https://www.mattfaulkner.accountants/ E: matt@mattfaulkner.accountant

SAFETY & SECURITY Pacific Security Group

Experts in electronic security since 2005 P: 1300 859 141 W: https://www.pacificsecurity.com.au/ E: operations@pacificsecurity.com.au

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ELECTRICAL

CLOTHES LINES

Altogether Group

Lifestyle Clotheslines

Energy On Pty Ltd

PAINTING

Power.Water.Data P: 1300 803 803 W: https://altogethergroup.com.au/ E: eaustin@altogethergroup.com.au Providing utility network solutions P: 1300 323 263 W: https://www.energyon.com.au/ E: EnergyServices@EnergyOn.com.au

ENM Solutions

Providing Solutions for Embedded Networks P: 1300 000 366 W: https://www.enmsolutions.com.au/ E: info@ENMSolutions.com.au

EMERLITE ELECTRICAL SERVICES

We Answer The Phone - No Job Too Big Or Small P: 07 5591 9191 W: https://www.emerlite.com.au/ E: office@emerlite.com.au

FIRE SERVICES Fire Matters

Fire Safety Compliance P: 07 3071 9088 W: https://firematters.com.au/ E: sbauer@firematters.com.au

Sunshine Coast Fire Compliance

Your building fire safety ~ our expertise P: 0448 196 402 W: https://www.scfc.net.au/ E: michelle@scfirecompliance.com.au

Clothesline and washing line supplier & installer P: 1300 798 779 W: https://www.lifestyleclotheslines.com.au/ E: admin@lifestyleclotheslines.com.au

Higgins Coatings Pty Ltd

Specialist painters in the strata industry W: https://www.higgins.com.au/ E: info@higgins.com.au

Rochele

Prompt & Professional

P: 1300 808 164 W: https://rochele.com.au/ E: jeremy@rochele.com.au

STRATA LOAN PROFESSIONALS Lannock Strata Finance

The Leading Strata Finance Specialist P: 1300 851 585 W: https://lannock.com.au/ E: strata@lannock.com.au

StrataLoans

The Experts in Strata Finance P: 1300 785 045 W: https://www.strata-loans.com/ E: info@strata-loans.com

Austrata Finance

Use Your Money or Borrowed Money: It’s Your Choice P: 1300 936 560 W:https://austratafinance.com.au/ E: info@austratafinance.com.au

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SUSTAINABILITY

RECRUITMENT SERVICES

The Green Guys Group

sharonbennie – Property Recruitment

Australia’s Leading Energy Saving Partner W: https://greenguys.com.au/ E: sean@greenguys.com.au

Matching top talent with incredible businesses P: 0413 381 381 W: https://www.sharonbennie.com.au/ E: sb@sharonbennie.com.au

Humenergy

Essential Recruitment Solutions

Fair Water Meters

LIFTS & ELEVATORS

People, Innovation and Value Sharing P: 1300 322 622 W: https://www.humenergy.com.au/ E: Info@humenergy.com.au Fair water - fair bills P: 1300324701 W: https://fairwatermeters.com.au/ E: info@fairwatermeters.com.au

CONSULTING Strata Solve

Untangling strata problems P: 0419 805 898 W: https://stratasolve.com.au/ E: chris@stratasolve.com.au

FACILITY MANAGEMENT LUNA

Building and Facilities Manager P: 1800 00 LUNA (5862) W: https://www.luna.management/ E: info@luna.management

RFM Facility Management Pty Ltd

Strata and Specialist Cleaners P: 1300 402 524 W: https://www.rfmfacilitymanagement.com.au/ E: nathan@rfmfacilitymanagement.com.au

BME Group

Re-Defining the Standards of Building & Facilities P: 02 8283 7531 W: https://bmegroupbuildingmanagement.com.au/ E: lachlan.hunt@bmegroup.com.au

Specialising in Strata recruitment P: 0448 319 770 W: https://www.essentialrecruitmentsolutions.com.au/ E: maddison@essentialrecruitmentsolutions.com

Innovative Lift Consulting Pty Ltd

Australia’s Vertical Transportation Consultants P: 0417 784 245 W: https://www.ilcpl.com.au/ E: bfulcher@ilcpl.com.au

The Lift Consultancy

Trusted Specialised Advice P: 07 5509 0100 W: https://theliftc.com/ E: sidb@theliftc.com

ABN Lift Consultants

A team of friendly, open minded professionals P: 0468 659 100 W: https://www.abnlift.com/ E: andrew@abnlift.com

DELIVERY & COLLECTION SERVICES Groundfloor™

Australian parcel, mail, and refrigerated lockers P: 03 9982 4462 W: https://groundfloordelivery.com/ E: ask@groundfloordelivery.com

ROOFING Leaf Shield

Leafshield Gutter Protection Specialists P: 1300 362 246 W: https://leafshield.net.au/why-leafshield/ E: info@leafsheild.net.au

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SUSTAINABILITY ENERGY

INVESTMENT SERVICES

Arena Energy Consulting Pty Ltd

Strata Guardian

Embedded Network Arena

WINDOWS & DOORS

Independent Embedded Network Consulting Services P: 1300 987 147 W: https://www.arenaenergyconsulting.com.au/ E: info@arenaenergyconsulting.com.au Independent Embedded Network Consulting Services P: 1300 987 147 W: https://embeddednetworkarena.com.au/ E: info@embeddednetworkarena.com.au

PEST INSPECTION Control Pest Management – Brisbane Pest Control Professionals P: 1300 357 246 W: https://controlpestmanagement.com.au /locations/brisbane-pest-control/ E: ray@controlpestmanagement.com.au

Fight low returns and rising levies with us.

P: 1300 482 736 W: https://www.strataguardian.com/ E: contact@strataguardian.com

Windowline Pty Ltd

Australia’s strata replacement window & door specialists

P: 02 8304 6400 W: https://windowline.com.au/ E: info@windowline.com.au

Clear Edge Frameless Glass

Energy Efficient Balconies for Elevated Living

W: https://www.clearedgeglass.com.au/ E: sales@clearedgeglass.com.au

VALUERS

ANTENNAS Install My Antenna

Professional TV Antenna Service For You Today P: 1300 800 123 W: https://www.installmyantenna.com.au/ E: info@installmyantenna.com.au

Asset Strata Valuers

Leaders in Strata Property Valuations P: 1800 679 787 W: https://assetstratavaluers.com.au/ E: workorders@assetstratavaluers.com.au

Adelaide StrataVal

Strata & Community Insurance Valuations P: 08 71112956 W: https://www.strataval.com.au/ E: valuations@strataval.com.au

Delphi Consultants & Valuers

Building Insurance Valuation Services P: 07 3852 6021 W: https://www.delphiproperty.com.au/insurance-valuation E: info@delphiproperty.com.au

Ensure Group – Property Valuers

Insurance Valuation Experts P: 03 9088 2032 W: https://www.ensuregroup.com.au/ E: valuations@ensuregroup.com.au

Sovereign Valuations

Valuation Experts for Strata Insurance & Disputes P: 1300 710 000 W: https://www.sovereignvaluations.com.au/ E: p.ferrier@sovereignvaluations.com.au

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Advertise with VIEW OUR MEDIA KITS: As of April 2022, The Strata Magazines received a national audience engagement of around 20,000 views within one month of their release.

For the Strata Magazine Media Kit CLICK HERE

LookUpStrata’s Newsletters have a national audience of just under 20,000 subscribers.

For the National Newsletter Media Kit CLICK HERE

administration@lookupstrata.com.au

Attention QLD Strata Service Professionals Join our printable Strata Services Directory Listings are $199 + GST p.a.

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